DISABILITYVA program

Presumptive Conditions (1-Year Separation Window)

Certain chronic conditions listed in 38 CFR 3.309(a), such as high blood pressure, arthritis, diabetes, and peptic ulcers, are presumed service-connected when they appear within 1 year after discharge from active service and are at least 10 percent disabling, with no need to show that service caused them.

Available when a listed condition appears within 1 year of discharge and the discharge was not dishonorable

View on VA.gov

Step-by-step guide

What VA looks for: Chronic disease within 1 year after service

A disease on the chronic listA diagnosis of a disease listed in 38 CFR 3.309(a), such as high blood pressure, arthritis, diabetes, a peptic ulcer, epilepsy, or a malignant tumor.
Signs at the 10 percent level within the time limitRecords or statements showing the disease was at least 10 percent disabling within 1 year after separation. The diagnosis itself can come later, if it follows without an unreasonable gap.
90 days of service, and a discharge that is not dishonorable90 days or more of continuous active service during a war period or after December 31, 1946, ending in a discharge that is not dishonorable.

Source: 38 CFR 3.309(a) (opens in new tab); VA.gov: disabilities that appear within 1 year after discharge (opens in new tab); 38 CFR 3.307(a)(3) (opens in new tab); 38 CFR 3.307(c) (opens in new tab); 38 CFR 3.307(a)(1) (opens in new tab); 38 CFR 3.12 (opens in new tab)

Which kind of claim is this?

Chronic disease within 1 year after service
Use this when a disease on the chronic list showed up within 1 year after you left active service. VA presumes the connection to service, so no medical opinion linking it to service is needed. The list includes high blood pressure, arthritis, diabetes, peptic ulcers, and malignant tumors.
Source: 38 CFR 3.307(a)(3) (opens in new tab); 38 CFR 3.309(a) (opens in new tab); M21-1 V.ii.2.B (opens in new tab); VA.gov: disabilities that appear within 1 year after discharge (opens in new tab); VA Form 21-526EZ (opens in new tab)
Diseases with a longer time limit
Some diseases have their own time limit. Hansen's disease and active tuberculosis count when they reach 10 percent within 3 years after service, and multiple sclerosis within 7 years. ALS counts whenever it shows up after service. A listed tropical disease, such as malaria, counts within 1 year, or later when standard medical references show its incubation period began in service.
1. A disease with its own time limitHansen's disease or active tuberculosis within 3 years, multiple sclerosis within 7 years, ALS at any time after service, or a listed tropical disease within 1 year or its incubation period.
2. 90 days of continuous active service90 days or more of continuous active service, ending in a discharge that is not dishonorable.
Source: 38 CFR 3.307(a)(3) (opens in new tab); 38 CFR 3.307(a)(4) (opens in new tab); 38 CFR 3.309(b) (opens in new tab); 38 CFR 3.318 (opens in new tab); M21-1 V.ii.2.B (opens in new tab); VA.gov: disabilities that appear within 1 year after discharge (opens in new tab); 38 CFR 3.307(a)(1) (opens in new tab); 38 CFR 3.12 (opens in new tab)

Time limits

The signs have to reach the 10 percent level within 1 year after you leave active service. Hansen's disease and tuberculosis have 3 years, and multiple sclerosis has 7 years. ALS can show up any time after service.

What to gather, and what it shows VA

Documents for this benefit: what each is, what it shows VA, and how VA gets it
Document	What it shows	How VA gets it	Have it?
Separation papers (DD214) The record of your service dates, branch, and character of discharge.	Your separation date and length of service	VA will request this for you once you file. You can also get your own copy through eVetRecs or SF180.	Yes
Medical records from the time limit VA or private records from within the time limit that show the signs and how severe they were, such as a doctor's report that you take medicine for high blood pressure, or a report with the date of your diagnosis.	That the disease reached 10 percent in time	VA will request VA records once you file. For private records, send copies to VA, or complete VA Form 21-4142 and VA Form 21-4142a so VA can request them.
Statements about the early signs Your own account, or statements from people who saw the signs within the time limit, describing what they saw and when.	When the signs started	A witness uses VA Form 21-10210, and your own account goes on VA Form 21-4138. Both go to VA.
A VA exam or medical opinion An exam or medical opinion VA orders when it needs more information, such as whether a current diagnosis matches symptoms described within the time limit.	A diagnosis, and how severe the disease is	VA schedules it after you file and contacts you; you do not request it.

Records and statements go to VA. BeneVets never asks you to upload or type them here.

Steps, in order

Set your start date
Submit an intent to file on VA Form 21-0966, by phone, or by starting the online application. You then have 1 year to file the full claim. If VA receives a presumptive claim within 1 year after you leave active duty, the start date can be earlier than the date VA receives it.
Source: 38 CFR 3.155(b) (opens in new tab); 38 CFR 3.400(b)(2)(ii) (opens in new tab); VA.gov: your intent to file (opens in new tab); VA Form 21-0966 (opens in new tab)
Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you.
Source: VA.gov: accredited representatives (opens in new tab)
Gather records from the time limit
Collect records that show the signs and how severe they were within the time limit, such as treatment notes or prescriptions. VA requests VA records; for private records, send copies or complete VA Form 21-4142 and VA Form 21-4142a.
Source: VA.gov: disabilities that appear within 1 year after discharge (opens in new tab); 38 CFR 3.159(c)(1) (opens in new tab); VA Form 21-4142 (opens in new tab); VA Form 21-4142a (opens in new tab)
File your claim
File VA Form 21-526EZ and name the disease. VA decides it under the presumption when the record shows the signs within the time limit.
Source: VA Form 21-526EZ (opens in new tab); 38 CFR 3.307(a)(3) (opens in new tab); M21-1 V.ii.2.B (opens in new tab)
Go to any claim exam VA schedules
VA asks for a claim exam only when it needs more information to decide your claim. VA starts the scheduling and contacts you.
Source: 38 CFR 3.159(c)(4) (opens in new tab); VA.gov: VA claim exam (opens in new tab)

Good to know

Part of a regular compensation claim

This is the presumptive route of a VA disability compensation claim on VA Form 21-526EZ. The disability compensation chapter covers the rest of the claim: records, statements, exams, and decision reviews.

Source: VA Form 21-526EZ (opens in new tab); M21-1 V.ii.2.B (opens in new tab)

No link opinion needed

For a listed disease that shows up in time, the law presumes the connection to service, even with no record of it during service. VA can still find the presumption rebutted when affirmative evidence shows another cause, such as an injury or illness after service.

Source: 38 CFR 3.309(a) (opens in new tab); 38 CFR 3.307(d) (opens in new tab); M21-1 V.ii.2.B (opens in new tab)

The diagnosis can come later

The disease does not need a diagnosis inside the time limit. The record needs to show its signs at the 10 percent level inside the limit, followed by a diagnosis without an unreasonable gap. Statements describing symptoms at the time can support a later diagnosis.

Source: 38 CFR 3.307(c) (opens in new tab); M21-1 V.ii.2.B (opens in new tab)

Rating rules from that time

VA measures the 10 percent level with the version of the rating schedule in effect during the time limit, not a later version.

Source: M21-1 V.ii.2.B (opens in new tab)

BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you